Business and Dealings

What happens to a partnership after one of the partners pass away?

Q: What is the ruling with regards to the share of a deceased who was in a partnership with his/her siblings, or anyone else for that matter?

1. Do the heirs of the deceased automatically become partners in the business?

2. Are the living partners under any obligation to make the heirs of the deceased, partners in the partnership?

3. Does the partnership seize on the demise of a partner? If so, what are the heirs entitled to, and how should the living partners ensure that the heirs receive their due?

Seller keeping advanced payment after canceling a sale

Q: I have done an agreement for sale of property with a person and got X amount as advance payment. Remaining have to paid within 3 months. There was a clause in the agreement that if the buyer is unable to pay the remaining amount or backs off from the deal, I will keep the advance payment as a penalty. (There was another clause for the seller also if he backs off, he will give double of advance taken to buyer).

Now the buyer is backing off and wants to cancel the deal due to unavailability of remaining payment. Is the penalty amount of advance payment halaal for me to keep?

Transporting haraam meat and fear of contamination

Q: I am seeking advice on a matter that I am faced with currently at my work place that is weighing heavy on me. I work for a particular company that does distribution of frozen foods nationally.

We have 3 freezers in our warehouse currently of which 2 are for generic stock (non halaal) and the 3rd freezer is where we only keep halaal stock. On a daily basis stock is picked from our halaal freezer and mixed with the generic stock for the stores that are non halaal. In the event where there are over picks regarding the halaal stock, where it has mixed with the generic stock. Is it permissible to take that stock back into our halaal freezer? Bearing in mind that the stock is boxed and packaged already.

So, basically my question is that if it is mixing with the generic stock, can we return that stock to our halaal freezer again or would there be a possibility of contamination.

Kindly advise on the above mentioned, so that I may have my conscience cleared as well.

Unilaterally canceling a sale

Q: If I purchase a car from someone but did not take possession of it till now from that individual and in his absence I say with intention that “I do not want the car”. Do I lose ownership rights over the vehicle on making that statement when I was yet to take possession of it or can I still claim it under the purchase agreement I made with him originally since I’m the new owner and the statement does not count as such which will render the transaction void?

Working for an insurance company

Q: I'm in UAE and here vehicle insurance for all vehicle is mandatory.

My question is, working in a vehicle insurance companay as a reconcile officer which the person has to check how many vehicles insurance we have paid and how much we have claimed from the third party insurance company. But I'm not engaging directly or indirectly to sell or buy the vehicle or other types of insurance to anyone.

Is that permissible in Islam, i.e. is my earning halaal or haraam?

Claiming from insurance more than the damaged amount

Q: Scenario:

I met up in an accident some time ago. The back bumper and other parts were damaged. I then met up in a second accident and, the car was damaged at the same place before I got it fixed. The person with the second accident has insurance.

So will it be permissible for me to claim the complete cost of it and not tell them that the car was in an accident before. If I do tell them that the car was in an accident before, the insurance company will not pay anything for the damaged.

Will it be permissible for me not to tell them and claim the entire amount from them?